HomeMy WebLinkAboutPR 15471: TOTAL RIGHT-OF-WAY SANITARY SEWER LINEMEMORANDUM
CITY OF PORT ARTHUR
UTILITY OPERATIONS DEPARTMENT
TO: Stephen Fitzgibbons, City Manager
FROM: Kelly Eldridge, Director of Utility Operations ~~~~-
DATE: September 2, 2009
RE: Proposed Resolution No. 15471
COMMENTS
RECOMMENDATION
I recommend that the City Council approve Proposed Resolution No. 15471 authorizing the
execution of an Encroachment Agreement between the City of Port Arthur and TOTAL
Petrochemicals USA, Inc. pertaining to apublicright-of--way whereupon a private sanitary sewer line
was constructed partially in the Locust Ave. right-of--way to serve modular buildings between Locust
Ave. and the abandoned Grandview Ave. from 39t" St. to Terrell St. in Fairlea Addition.
BACKGROUND
TOTAL Petrochemicals USA, Inc. has acquired much of Fairlea Addition in order to relocate some
of its offices away from the refinery. Their contractor has installed several modular buildings in the
area and has constructed utilities, both public and private, to serve them. In the process of
constructing a private sanitary sewer line parallel to Locust Ave. between Laurel St. and Terrell St.,
their contractor laid approximately 400 feet of line in the Locust Ave. right-of--way. The City does
not currently have any existing utilities in this area. The Encroachment Agreement will allow the
property owner to operate and maintain these improvements in our right-of--way while relieving the
City and/or its agents and franchises from liability for damages to these encroachments.
BUDGET/FISCAL EFFECT
None.
STAFFING/EMPLOYEE EFFECT
None.
SUMMARY
I recommend that the City Council approves P.R. No. 15471, which authorizes the execution of an
Encroachment Agreement between the City of Port Arthur and TOTAL Petrochemicals USA, Inc.
pertaining to apublicright-of--way whereupon a private sanitary sewer line was constructed partially
in the Locust Ave. right-of--way in Fairlea Addition.
P.R. No. 15471
09/02/09
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
ENCROACHMENT AGREEMENT BETWEEN THE CITY OF
PORT ARTHUR AND TOTAL PETROCHEMICALS USA,
INC. PERTAINING TO A PUBLIC RIGHT-OF-WAY
WHEREUPON A PRIVATE SANITARY SEWER LINE WAS
CONSTRUCTED ALONG LOCUST AVENUE BETWEEN
LAUREL STREET AND TERRELL STREET, IN FAIRLEA
ADDITION IN THE CITY OF PORT ARTHUR.
WHEREAS, the City of Port Arthur and TOTAL Petrochemicals USA, Inc. wish to enter
into an encroachment agreement as it pertains to a private sanitary sewer line encroachment into a
public right-of--way known as Locust Ave. between Laurel Ave. and Terrell Ave. in Fairlea Addition;
NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the Mayor of the City of Port Arthur be and is hereby authorized and instructed to
execute on behalf of the City, an Encroachment Agreement between the City of Port Arthur and
TOTAL Petrochemicals USA, Inc. pertaining to a private sanitary sewer line encroachment into a
public right-of--way known as Locust Ave. between Laurel Ave. and Terrell Ave. in Fairlea Addition
in substantially the same form as described in Exhibit "A", attached and made a part hereof; and,
THAT, a certified copy of said Encroachment Agreement shall be filed for record in the
office of the County Clerk of Jefferson County, Texas; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED THIS day of
2009, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote:
P.R. No. 15471
09/02/09
Page 2
AYES: Mayor:
Councilmembers:
NOES:
Deloris Prince
Mayor
ATTEST: APPROVED AS TO FORM:
;~~~
Terri Hanks Mark Sokolow
City Secretary City Attorney ~ d~-YI `~~~
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons
City Manager
Ross Blackketter
Director of Public Works
elly El ridge
Director of Utility Operations
EXHIBIT A
ENCROACHMENT AGREEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF JEFFERSON §
This Agreement made this day of , 2009 by and between the
City of Port Arthur, a municipal corporation existing under the State of Texas and TOTAL
Petrochemicals USA, Inc., hereinafter called "OWNER" as follows:
A. TOTAL Petrochemicals USA, Inc. is the owner of that certain tract of land described as
Block 13, Fairlea Addition hereinafter described as follows:
Lots 1 through 20, Block 13, of Fairlea Addition in Jefferson County, Texas
according to the recorded plat thereof.
B. TOTAL Petrochemicals USA, Inc. is the owner of the above described property by Deed.
C. There is an existing private sanitary sewer line serving this property that encroaches into
a public right-of--way, said encroachment is as shown on the attached drawing, Exhibit A.
D. The public utilities companies have expressed their general position that the
encroachment does not present any insurmountable operational maintenance conditions,
if said conditions are addressed by the terms of this Agreement.
NOW, THEREFORE, in consideration of this Agreement, and the benefits to the parties hereof, the
parties agree as follows:
1. OWNER agrees by virtue of the encroachments onto the public right-of--way that neither he
nor his representatives will prohibit the use of said public right-of--way for its intended
purpose.
2. No additions, modifications, or extensions of said encroachments by the OWNER shall be
permitted.
3. OWNER shall make no claims against the CITY, its agents, or its Franchises for damages to
the encroachments as the result of removal, repair, servicing and/or replacement of utilities
within the herein described encroachment area.
4. OWNER agrees to indemnify and hold harmless the CITY, its agents, and its Franchises for
any claims, expenses, losses, liability, demands or damages arising out of, or as an
unforeseen result of the encroachments that are detailed in the Agreement, and such
Agreement will be binding on OWNER.
5. This Agreement shall also be binding upon the successors and assigns of the OWNER.
However, the City of Port Arthur does not hereby undertake, purport, or represent that this
Agreement is binding on or affects any rights which may exist in such easement in favor of any
public or private utility other than the City of Port Arthur.
Signed and Agreed to on the day of , A.D., 2009.
City of Port Arthur
Mayor
APPROVED AS TO FORM:
City Attorney
Signed and Agreed to on the day of
OWNER:
A.D., 2009.
TOTAL Petrochemicals USA, Inc.
ACKNOWLEGEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally appeared
of ,Texas, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed
the same for the purposes and consideration therein expressed and as the act and deed on behalf of
TOTAL Petrochemicals USA, Inc..
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of
2009.
Notary Public for the State of Texas
RETURN TO:
CITY OF PORT ARTHUR
ATTN: Mark Sokolow
City Attorney
P. O. Box 1089
Port Arthur, Texas 77641-1089
EXHIBIT A
(Encroachment drawing by Soutex Surveyors)
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NOTE:
METES & BOUNDS DESCRIPTION OF EVEN
DATE TO ACCOMPANY THIS PLAT
ANTHONY M. LEGER
REGISTERED PROFESSIONAL LAND SURVEYOR N0. 5481
O 3737 Doctors Drive
S Port Arthur, Texas 77642
Te1.409.983.2004
SURVEYORS F~-~~~~~
~_ soutexsurveyorscom
SURVEYED AREAS OF ENCROACHMEN
OF PRIVATE SANITARY SEWER LINE
TOTAL PETROCHEMICALS USA, INC.
C/0 CITY OF PORT ARTHUR
PORT ARTHUR, TEXAS 77640